Lansom v Lansom (No 2) [2018] NSWSC 835

Supreme Court New South Wales

Medium Neutral Citation: Lansom v Lansom (No 2) [2018] NSWSC 835 Hearing dates: In Chambers Date of orders: 06 June 2018 Decision date: 06 June 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) That Gordon Albert Salier shall be entitled: (a) To make and be paid from the sale of the property situated and knows as 750 Red Hill Road, Upper Turon all the usual and proper charges at the hourly rate of $450.00 plus GST on his usual terms as to payment; (i) For his work as trustee for sale; (ii) For the professional and non-professional services rendered by him as such trustee for sale; and (b) Engage the services of any other legal practitioner, accountant or other professional advisor in relation to the sale of the property where he considers it necessary to do so and to pay from the proceeds of sale the costs incurred in having those services provided. (2) That pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, Order 3 and 4 of the Orders dated 23 May 2018 be amended to: 3. Trustee to be appointed to sell Lot 11 in DP 1212678. 4. Trustee to be remunerated out of the sale of Lot 11 in DP 1212678. Catchwords: PRACTICE AND PROCEDURE – slip rule – error in consent orders – amended orders to be made Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ivanhoe Gold Corporation Ltd v Symonds (1906) 4 CLR 642; [1906] HCA 71 Category: Procedural and other rulings Parties: Warren Richard Lansom (Plaintiff/Cross-Defendant) Wayne Eric Lansom (First Defendant/Cross-Claimant) Nancy Ward (Second Defendant) Kyle Lansom (Third Defendant) Representation: Counsel: Dr S Blount (Plaintiff/Cross-Defendant) Mr H Jewell (First Defendant/Cross-Claimant)